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RE: Vokey Declaration



Meredith,

I'm pretty sure Colby doesn't want to be recalled.  The issue that came up
at oral argument yesterday is whether he would zealously represent his
client if he were recalled to active duty.  The notion was thrown out by one
of the judges -- Judge Booker if I remember correctly -- that he might
refuse to actually participate in Wuterich's defense for fear of violating
the Texas Rules even if he were on active duty.

We're united in thinking the question is bat shit crazy.  We're wrestling
with how best to respond to that bat shit crazy question.

Semper Fi,
DHs

Dwight H. Sullivan
Senior Appellate Defense Counsel
Air Force Appellate Defense Division
(AFLOA/JAJA)
1500 West Perimeter Road, Suite 1100
Joint Base Andrews, MD 20762
240-612-4773
DSN:  612-4773
Fax:  240-612-5818  


-----Original Message-----
From: Marshall Maj Meridith L [mailto:meridith.marshall@usmc.mil] 
Sent: Tuesday, August 09, 2011 4:10 PM
To: Sripinyo, Kirk Major NAMARA, CODE 45; Sullivan, Dwight H CIV USAF
AFLOA/JAJA; Puckett Neal
Cc: Sullivan Dwight; Kirk Sripinyo; Faraj Haytham; Babu Kaza
Subject: RE: Vokey Declaration

Gentlemen,

Just got back into the office and have been reading through the email
traffic.